✓ Law Verified June 2026
This guide explains texas security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Texas law, verified as of June 2026.
In This Texas Guide:
Texas Security Deposit Rules at a Glance
| Maximum deposit | No statutory limit. Texas law does not cap the amount a landlord may charge as a security deposit. In practice most landlords charge 1 to 2 months of rent, but there is no legal maximum. |
| Return deadline | 30 |
| Itemized deductions required | YES. Under Texas Property Code Section 92.104, if the landlord withholds any portion of the deposit, the landlord must provide a written description and itemized list of all deductions. The only exception is when the deduction is solely for undisputed unpaid rent. Failure to itemize may cause the landlord to forfeit the right to withhold any part of the deposit and forfeit the right to sue the tenant for damages. |
| Interest on deposit required | NO. Texas law does not require landlords to pay interest on security deposits regardless of the deposit amount or lease length. |
| Penalty for late/bad-faith return | If a landlord acts in bad faith by retaining the deposit, the tenant may recover three times the portion of the deposit wrongfully withheld, plus a 100 dollar statutory penalty, plus reasonable attorney fees in a lawsuit under Texas Property Code Section 92.109. Bad faith is presumed if the landlord fails to return the deposit or provide an itemized deduction list within 30 days. |
Move-in/move-out walkthrough: NO. Texas law does not require a move-in or move-out walkthrough inspection. However, many tenants find it helpful to request one and to document the condition of the unit with photos and video at move-in and move-out to protect against wrongful deductions.
Separate deposit account: NO. Texas law does not require the landlord to hold the security deposit in a separate or escrow account. The landlord may commingle the deposit with other funds. There is no trust account or bank-type requirement.
What Your Landlord Can and Cannot Deduct in Texas
A Texas landlord may deduct for damages and charges the tenant is legally liable for under the lease or as a result of breaching the lease. Common lawful deductions include unpaid rent, damage beyond normal wear and tear, cleaning costs to restore the unit to its move-in condition, unpaid utilities the tenant was responsible for, and other lease-specified charges. The landlord may NOT deduct for normal wear and tear.
Normal wear and tear vs damage: Texas Property Code Section 92.001(4) defines normal wear and tear as deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition. It does NOT include deterioration from negligence, carelessness, accident, or abuse by the tenant, household members, or guests.
Examples of normal wear include minor wall scuffs, small nail holes, carpet wear in high-traffic areas, and faded paint. Tenant damage includes large wall holes, burns, pet stains, broken windows, and appliance damage from misuse.
How to Get Your Deposit Back in Texas
A Texas tenant who believes their deposit was wrongfully withheld should first send a written demand letter to the landlord requesting the return of the deposit with an itemized accounting. If the landlord does not comply, the tenant may file a lawsuit in Justice Court (Texas’s small claims court) for claims up to 20000.
Many tenants can recover three times the wrongfully withheld amount plus 100 and attorney fees if the court finds the landlord acted in bad faith.
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Tenants may also file a complaint with the Texas Attorney General’s Consumer Protection Division or contact local tenant legal aid organizations such as Texas RioGrande Legal Aid or Lone Star Legal Aid.
Other Texas deposit rules: The 30-day return clock does not start until BOTH conditions are met: the tenant has surrendered the premises AND provided the landlord a written forwarding address. If the tenant does not provide a forwarding address, the landlord’s duty to return the deposit is suspended but the tenant does not forfeit the right to a refund.
Also, Texas Property Code Section 92.107 provides that a tenant’s claim to a security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Additionally, if the rental property is sold or transferred, the new owner inherits the obligation to return the security deposit.
Your landlord’s insurance won’t cover your stuff
Renters insurance protects your belongings for a few dollars a month.
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Official Texas Sources & Resources
- Texas Attorney General: https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
- Texas Security Deposit Statute: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding Texas Security Deposit Law
Your Texas security deposit is your money until the landlord proves a lawful deduction. Texas security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Texas security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.
Document the condition of your unit at move-in and move-out — photos are the best protection for your Texas security deposit.
This Texas security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.